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Well, the statement is factually true, but it omits the one important caveat, namely minority rights. It is one of the many modifications to pure democracy (majority tyranny) in modern societies, and legislation usually takes extra precaution to protect minorities.

The problem in the US is that as religion has been politicized (or vice versa, I don't know which came first), atheism has been forced to politicize itself, and political minorities tend to get a much shorter end of the stick than religious, ethnic, sexual orientation or language minorities. As an example, which one have the higher probability of winning a discrimination lawsuit: A communist or a black guy?